Laserfiche WebLink
5. It is expressly acknowledged and agreed that the District shall have the right and <br />authority to assign the Easement to any appropriate local governmental entity or to any public utility <br />provider, including but not limited to all rights to use, and all obligations associated with, the <br />Easement as are granted to and assumed by the District herein, subject to such assignee assuming <br />the obligations set forth herein and subject to the prior written consent of the Grantor, which <br />consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Grantor hereby <br />agrees that the District may assign this Easement to other governmental entities or- other entities <br />which have a contractual relationship with the District regarding the subject matter of this Easement <br />without the prior written consent of the Grantor provided that the Grantor is notified of such <br />assignment. In the event the District assigns the Easement to a third party, including a <br />governmental entity or other entity with a contractual relationship with the District regarding the <br />subject matter, of this Easement, or sells the Improvements to a third party and receives <br />compensation for such assignment and/or sale, then the District hereby agrees to pay the Grantor, <br />excluding the Grantor's permitted assigns or successors, additional consideration for this Easement <br />in an amount not -to- exceed Fifty Thousand Dollars ($50,000.00)_ Ifthe consideration received by <br />the District is less than Fifty Thousand Dollars ($$0,000.00), then the lesser amount shall be <br />tendered to the Grantor; however if the consideration received by the District is greater than Fifty <br />Thousand Dollars ($50,000,00), then the District shall retain all amounts in excess of the Fifty <br />'thousand Dollars ($50,000.00).. the Grantor hereby agrees that, in the event the Grantor conveys, <br />sells or otherwise grants the Property in which the Premises are located, to a third party, the District <br />shall have the tight of fast refusal for the Property and for the Premises. The District shall have <br />thirty (30) days to inform the Grantor whether the District wishes to exercise the right of first <br />refusal. The Parties shall record a memorandum memorializing the right of first refusal with the <br />Adams County Clerk and Recorder's Office within thirty (30) days of the date of this Easement. <br />The District shall have the tight and authority to grant temporary construction easements to any <br />appropriate local governmental entity or public utility provider for purposes of construction, <br />reconstruction, operation, use, maintenance, repair, replacement and/or removal of the <br />Improvements, subject to all of the terms and conditions of this Easement_ <br />6. The District agrees that at such time and in the event that the Improvements or <br />Easement described herein -are abandoned by the District and any permitted assignee, the <br />Easement will terminate automatically and the real property interest represented by the Easement <br />will revert to the Grantor, its heirs, successors and/or assigns. Iemporary abandonment of use <br />3 <br />